New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 17

17 Independent counsellor's report

(1) An application for a parentage order must be supported by a report about the application prepared by an independent counsellor.

(2) The report must contain the independent counsellor's opinion as to whether the proposed parentage order is in the best interests of the child and the reasons for that opinion.

(3) The report is to include the counsellor's assessment of the following matters:

(a) each affected party's understanding of the social and psychological implications of the making of a parentage order (both in relation to the child and the affected parties),

(b) each affected party's understanding of the principle that openness and honesty about a child's birth parentage is in the best interests of the child,

(c) the care arrangements proposed by the applicant or applicants in relation to the child,

(d) any contact arrangements proposed in relation to the child and his or her birth parent or parents or biological parent or parents,

(e) the parenting capacity of the applicant or applicants,

(f) whether any consent given by the birth parent or parents to the parentage order is informed consent, freely and voluntarily given,

(g) the wishes of the child, if the counsellor is of the opinion that the child is of sufficient maturity to express his or her wishes.

(4) The report may address any other relevant matters.

(5) The report must:

(a) indicate the persons who were interviewed for the purposes of the report, and the date or dates on which the interviews were conducted, and

(b) set out the basis on which the person making the report claims to be an independent counsellor.

(6) The provisions of any law or rules of court relating to the adducing of opinion evidence apply in relation to the independent counsellor's report, unless inconsistent with this section.

(7) For the purposes of this section, an
"independent counsellor" is a qualified counsellor who:

(a) is not the counsellor who counselled the birth mother, the birth mother's partner (if any) or an intended parent about the surrogacy arrangement, to meet a precondition to the making of a parentage order, and

(b) is not, and is not connected with, a medical practitioner who carried out a procedure that resulted in the conception or birth of the child.